But the principal argument for reposing the power of pardoning in this
case to the Chief Magistrate is this: in seasons of insurrection or
rebellion, there are often critical moments, when a welltimed offer of
pardon to the insurgents or rebels may restore the tranquillity of the
commonwealth; and which, if suffered to pass unimproved, it may never be
possible afterwards to recall. The dilatory process of convening the
legislature, or one of its branches, for the purpose of obtaining its
sanction to the measure, would frequently be the occasion of letting
slip the golden opportunity. The loss of a week, a day, an hour, may
sometimes be fatal. If it should be observed, that a discretionary
power, with a view to such contingencies, might be occasionally
conferred upon the President, it may be answered in the first place,
that it is questionable, whether, in a limited Constitution, that power
could be delegated by law; and in the second place, that it would
generally be impolitic beforehand to take any step which might hold out
the prospect of impunity. A proceeding of this kind, out of the usual
course, would be likely to be construed into an argument of timidity or
of weakness, and would have a tendency to embolden guilt.
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